Appeals against sentence/conviction
Charter Solicitors offer an experienced service in appeals against sentences and convictions.
A person who is convicted of an offence at the Crown Court may appeal against the conviction to the Court of Appeal if it might be argued that it is ‘unsafe.’ Alternatively, a person may appeal against a sentenced passed in the Crown Court to the Court of Appeal if it could be argued that the sentence is ‘manifestly excessive. or wrong in principle.’ A sentence includes any order made by a Court when dealing with a defendant.
An appeal is commenced by asking for leave to appeal by lodging an Advice and Grounds and Form NG to the Court of Appeal within 28 days of conviction or the sentence being imposed.
The Advice and Grounds requesting leave to appeal will be considered ‘on paper’ by a High Court Judge who will grant leave or refuse leave. This may take 3 months or longer. We are notified by post/email. If leave is granted, legal aid for attending the ‘full court’ tends to be granted too. If leave is refused, the application may be renewed to the’ full court’, but this isn’t without a risk of losing any time spent on remand or post sentence and is not a step to take lightly. Careful consideration has to be given to how to proceed in such circumstances.
If leave to appeal has been granted, we will attend in person or instruct counsel to attend the ‘full court’ to argue that the conviction was unsafe or that the sentence was too long or should have been of a different nature, for instance, that it should have been suspended.
In certain circumstances, leave to appeal out of time beyond the 28 days might be sought.
We also have extensive experience of dealing with the Criminal Cases Review Commision and are able to assist with lodging an application or dealing with a referral made by the CCRC to the Court of Appeal.
We also deal with appeals to the Crown Court from the Magistrates Court on either conviction or sentence and these cases tend to be dealt with by our experienced in house team. These appeals must be lodged within 21 days of conviction or sentence and may include asking for a driving disqualification to be suspended until the outcome of the appeal.
If you require help or think you may have arguable grounds for an appeal against conviction or sentence, then contact our experienced team today.
Areas of Law
Charter Solicitors have a large team specialising in many different areas of criminal law.
Criminal Law
If you are facing an allegation of criminal conduct, then it is essential that you get clear and straightforward legal advice from experienced criminal defence lawyers who will protect you and your rights.
Prison Law
Prison Law is concerned with the rights of prisoners. Charter Solicitors appreciate the emotional distress caused to you and your family during times of imprisonment or upcoming imprisonment.
Appeals
A person who is convicted of an offence at the Crown Court may appeal against the sentence passed to the Court of Appeal. A sentence includes any order made by a Court when dealing with an offender.
Driving Matters
Whether you have been injured in an accident, accused of speeding, drink driving or any other driving related crime, Charter Solicitors can help. You should contact a solicitor as soon as you have contact with the police.
CCRC
The Criminal Cases Review Commission (CCRC) is an independent body that investigates possible miscarriages of justice. It has the power to investigate cases and to refer (send) cases to the Court of Appeal.
Serious Fraud and Complex Cases
Our Serious Fraud legal team has an impressive case record in representing suspects, defendants and witnesses in many different types of serious and complex cases.
Proceeds of Crime
The Proceeds of Crime Act 2002 was introduced to diminish the proceeds from criminal activities and to deter those seeking financial gain from their criminal proceedings.
